Attorneys for Andrea Constand asked the court to protect her and her mother from Cosby's alleged bullying and intimidation tactics

By Nicole Weisensee Egan
February 23, 2016 04:15 PM
Todd Korol/Toronto Star/Getty; Gilbert Carrasquillo/WireImage

Bill Cosby is “bullying” accuser Andrea Constand and her mother, Gianna, by filing a breach of contact lawsuit against them before a hearing on Constand’s sexual assault case, attorneys for the two women say in federal court documents filed Monday.

“Andrea Constand is the victim of Cosby’s criminal conduct, ” attorneys Dolores Troiani and Bebe Kivitz write. “Because he has money and power and celebrity status Cosby is no less a citizen subject to the jurisdiction of the courts.”

The lawyers continue: “Neither Andrea Constand nor her mother, Gianna Constand, possess any of those attributes,” they write. “The only protection available to them is for the court to shield them from the bullying tactics of Cosby.”

Cosby, 78, has been charged with aggravated indecent assault for allegedly drugging and sexually assaulting Constand, now 42, in January 2004 at his Elkins Park, Pennsylvania mansion.

Though he has not yet entered a plea in the case, Cosby has said the sexual contact was consensual. He has denied similar allegations from more than 50 other women.

Cosby’s breach of contract lawsuit, which was filed under seal, alleges the Constands and the two attorneys broke the confidentiality agreement from the lawsuit Constand settled with him in 2006 by cooperating with the criminal probe that resulted in Cosby’s December 30 arrest.

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Andrea Constand’s attorneys argue it’s Cosby who has repeatedly violated the confidentiality agreement.

The attorneys are asking U.S. District Judge Eduardo Robreno to deny Cosby’s motion to file the lawsuit under seal and to declare the confidentiality agreement void.

“Cosby’s abuses of the agreement merit its total abrogation,” they write. “Cosby has used the agreement as a means to intimidate witnesses, to conduct a media blitz in an attempt to sway public opinion while silencing those most knowledgeable about his claims, and to engage in conduct evidenced by the motion before the court.”

In addition, “Cosby is a public figure who employs an army of attorneys, agents and publicists,” they write. “As the volume of allegations has grown, his agents have made public statements in clear and unequivocal violation of the confidentiality portions of the agreement.”

They also note that everyone he is suing in the breach of contract lawsuit is a witness in the criminal case. The lawsuit was filed under seal on Feb. 1, the night before a key hearing on the criminal case.

“The inescapable message of this lawsuit is that if Andrea Constand, her mother and/or her counsel testify in the criminal case, Cosby will do his best to misuse the court system to hurt them,” they write.

“By repeated filings ‘under seal’ Cosby has created a shadow court system, in which he is free to make any inconsistent and opposing allegations he chooses without the deterrent of public scrutiny.”